Can ChatGPT replace lawyers?

By Cobus Kotze, intern at?Gawie le Roux Institute of Law

“Thou shalt not make a machine in the likeness of a man’s mind” – Dune Trilogy by Frank Herbert

Introduction

The Industrial Revolution, which took place in the 18th century, marked the initial significant change in the manufacturing sector. Rather than creating products manually, machines were introduced that enabled the production of goods. This caused a great upheaval in the working-class community. What used to be a rather lucrative job for man, became a mundane job for machines to take care of. We are standing at the brink of the fourth Industrial Revolution. Everything from information technology, the internet, robotics, 3D printing, quantum computing, artificial intelligence (AI) and so much more have become integral parts in some areas of our lives. Technology has grown at a rapid pace over the past few years, and there’s no indication of it slowing down any time soon. Is the legal profession the next in line to be taken over by machines??

ChatGPT – Let the robot speak

ChatGPT was developed by OpenAI and released in November 2022. ChatGPT is a chatbot that utilises OpenAI’s GPT-3 series of large language models and has been refined through supervised and reinforcement learning methods. Still not sure what it does? Let’s ask Chat GPT to explain to us what it does:

Prompted question: “How does ChatGPT work?”

ChatGPT: “ChatGPT is a conversational AI system that works by processing natural language inputs from users and generating human-like responses. It is built on top of OpenAI’s GPT series of large language models, which are trained on vast amounts of text data and can generate coherent and contextually relevant responses to a wide range of prompts. ChatGPT uses a combination of pattern matching, language understanding, and machine learning techniques to analyse the user’s input and generate an appropriate response. It can also be fine-tuned using supervised and reinforcement learning methods to improve its accuracy and responsiveness over time.”

Let’s say you have to explain to a 5-year-old how ChatGPT works, how would you do that? Well, ChatGPT can help us with that:

Prompted question: “Explain to me like I’m 5, what does ChatGPT do?”

ChatGPT: “Sure! ChatGPT is like a computer friend you can talk to. When you type something to ChatGPT, it can understand what you are saying and come up with an answer, just like when you talk to a person. It can answer questions, tell jokes, and even have a conversation with you. ChatGPT is really smart and can understand many different things, just like how you can understand different things when you read a book. It’s really cool!?”

All of the above responses were generated by the AI and are prompted by simply typing in a question and waiting for a response. What makes this different from simply typing in a search engine like Google or Bing, is that it attempts to act like a dialogue. According to the ChatGPT website (https://openai.com/blog/chatgpt/), “the dialogue format makes it possible for ChatGPT to answer follow-up questions, admit its mistakes, challenge incorrect premises, and reject inappropriate requests.” This is so much more than a simple request-and-response type of system. As seen in the example dialogues above, ChatGPT has fundamentally changed the way we look at retrieving information from the internet or databases.?

The good – Positives of Chat GPT

Long gone are the days of going to a library to find information about anything. Nowadays, Google and Bing have made the act of visiting the library obsolete. Why go to the library, when you can simply quickly search for the information on your phone? ChatGPT falls in the same spectrum as a search engine. Access to information has been at the forefront of this digital age. ChatGPT can help with so many activities and tasks that used to require large amounts of mental effort. Want to write a blog but can’t think of anything to write about? Simply ask ChatGPT to give you a few pointers and ideas. Can’t remember how a concept works in your line of work? Simply ask ChatGPT to explain it to you as if asking your very own tutor in the subject. The possibilities are endless.?

The bad - Negatives of ChatGPT

The most obvious legal issues of ChatGPT are plagiarism and copyright ownership. Calculators and programmable calculators are no longer the only fear a teacher might have, scholars and students now have the ability to ask ChatGPT to simply write a few pointers for their essay, or in some cases, to write the entire essay. Moreover, who owns the copyright to the works created by a machine, and how do you protect your own work from a machine that can simply paraphrase your hard work? It does not take a legal degree to realise that ChatGPT has some major potential legal issues.?

The ugly - Lawyers vs ChatGPT

Will ChatGPT take over a lawyer’s job? Let’s hear what ChatGPT has to say about this:

Prompted question: “Will ChatGPT take over a lawyer’s job?”

ChatGPT: “As an AI language model, I have been trained on a large dataset of text, including information about various professions and their responsibilities. However, I am not capable of performing the complex tasks that a human lawyer would do, such as offering legal advice, negotiating settlements, and representing clients in court.

While I can provide information and answer questions about the law and legal concepts, I am not a substitute for a qualified and licensed human lawyer. The legal profession involves much more than simply knowing the law; it requires the application of judgment, critical thinking, and empathy in often-complex situations. These are skills that are currently beyond the capability of AI.

In short, while AI technology such as mine may be able to assist lawyers in certain tasks, it is unlikely that it will replace human lawyers in the near future.”

It is important to remember that ChatGPT is still in training. It still has many flaws, and some answers should be taken with a grain of salt. Some users have reported that ChatGPT has given incorrect, faulty, and sometimes even fictitious facts as responses. ChatGPT in its current state is in no position to take over the roles and responsibilities of a lawyer. As the AI says, it is unlikely that it will replace human lawyers in the near future. There are so many factors at play when acting as a legal professional. Consulting with clients, analysing cases, presenting evidence to a court and many other legal activities require more than what ChatGPT currently offers. ?

The lawyer of the future

Although ChatGPT is nothing to fear in its immediate form, we need to take heed of its own words that “it is unlikely that it will replace human lawyers in the near future”. We never know what the future holds, especially with the rapid growth of technology and AI. It will be beneficial for any lawyer to stay up to date with the latest developments in the technological world. As Donald Miller said, “In the age of information, ignorance is a choice.” Law firms should embrace the ever-changing world of technology and use it to their own benefit. Using a combination of technologies can significantly enhance a business's performance by increasing the impact and volume of work and revenue generated. Implementing technologies that automate routine legal tasks can save time and allow lawyers to focus on more critical work.

However, it is essential to evaluate and apply these technologies in a responsible manner, meeting ethical obligations and safeguarding clients' interests.

Curious about what the future of law might look like? Visit www.gawieleroux.co.za/webinars/lawyer-future-how-remain-relevant

Conclusion

In conclusion, while artificial intelligence like ChatGPT, is rapidly advancing and transforming many industries, it is unlikely to replace lawyers completely. AI is well-suited to handle certain tasks, such as document review and contract analysis, but legal work involves much more than just data processing. It requires the ability to interpret and apply the law to complex situations, exercise judgment, and communicate effectively with clients, judges, and other stakeholders. These skills are difficult to replicate with AI alone. Moreover, the legal profession is heavily regulated and requires ethical considerations that cannot be easily programmed. Instead, AI will likely complement and enhance the work of lawyers, enabling them to work more efficiently and effectively. As such, the integration of AI in the legal profession should be viewed as an opportunity to leverage technology to provide better service to clients and drive innovation, rather than a threat to replace lawyers altogether.